22-144 MOU between City of Cupertino and Silicon Valley Clean Energy Authority for Video Production Services
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MEMORANDUM OF UNDERSTANDING
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SILICON VALLEY CLEAN
ENERGY AUTHORITY FOR VIDEO PRODUCTION SERVICES
This Memorandum of Understanding (“MOU”) is between the City of Cupertino (“City”) and Silicon
Valley Clean Energy Authority (“Organization”), (together, the “Parties”) for video production
services.
WHEREAS, the City and the Organization desire to enter this MOU for video production services
(described in Attachment A); and
WHEREAS, the Organization is in need of specialized services in relation to video production, and,
WHEREAS, a MOU between the Parties is necessary to outline the purpose of this collaboration;
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is
mutually understood and agreed by and between the Parties hereto as follows:
1. Term
a. This MOU begins on the last date signed below (“Effective Date”) and ends on August
31, 2025. The City’s appropriate department head or the City Manager may extend the
Contract Time through a written amendment to this MOU, provided such extension
does not include additional contract funds. Extensions requiring additional contact
funds are subject to the City’s purchasing policy.
2. Coordination
a. Representatives from the Organization and the City will work together to plan for each
live broadcast of the SVCEA meeting.
3. City Obligations
a. The pre-production tasks assigned to City include create zoom event, provide link to
Organization, create and update graphics for the televised event. Setup and test
components (i.e., Camera, microphones, monitor monitors, lights, tables, Zoom
connectivity) for the live broadcast of the Organization meeting. Setup and test Setup
and test Community Hall kitchen with Video Conference Camera and laptop for
SVCEA Closed Session. Set live YouTube Broadcast.
b. The production tasks assigned to City include Zoom support for remote panelists, record
the meeting on different devices, direct live meeting, Chyron staff to tag speakers
throughout the broadcast plus switch backup zoom support.
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c. The post-production tasks assigned to City include strike and store equipment, lock, and
alarm Community Hall, trim SVCEA meeting for future broadcast, normalize control
room.
4. Organization Obligations
a. Provide meeting dates, agenda, and panelists list in advance.
b. Provide knowledgeable Zoom host to conduct weekly viewing and discussion.
c. Provide any material and content in advance of meetings.
d. Provide City staff with 72 hours’ notice should a meeting be canceled.
5. Compensation
a. The services described above are provided by the City to Organization. Organization
will compensate City for video production services as set forth in Attachment B.
6. Indemnity
a. PARTIES agree to indemnify and hold harmless each other and their respective
officers, employees, agents, servants, volunteers, contractors, subcontractors or any
officer, agent or employee thereof from any and all claims, demands, actions, causes of
action, losses, damages, liabilities, known or unknown, and all cost and expenses,
including reasonable attorneys’ fees in connection with any injury or damage or persons
or property arising out of or in any way connected with any negligent act or omission to
the extent arising from the performance of this Agreement.
7. Insurance
a. PARTIES shall maintain, during the life of this Agreement, at their own expense, a
program of insurance, or self-insurance, covering the activities and operations of their
respective officers, agents and employees and contractors for the term of this MOU.
Insurance shall include, but is not limited to, comprehensive general liability,
automobile and Worker’s Compensation insurance.
8. General Provisions
a. Entire Agreement. This MOU represents the full and complete understanding of every
kind of nature between the Parties, and supersedes any other agreement(s) and
understanding(s), either oral or written, between the Parties.
b. Amendment. Any amendment to or modification of this MOU will be effective only if
in writing and signed by each Party’s authorized representative. No verbal agreement or
implied covenant will be valid to amend or abridge this MOU.
c. Governing Law and Venue. This MOU is governed by the laws of the State of
California. Any lawsuits files related to this MOU must be filed with the Superior
Court for the County of Santa Clara, State of California.
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d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
e. Headings. The headings in this MOU are for convenience only, are not a part of the
MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
f. Severability / Partial Invalidity. If any term or provision of this MOU, or its application
to a particular situation, is found by the court to be void, invalid, illegal, or
unenforceable, such term or provision shall remain in force and effect to the extent
allowed by such ruling. All other terms and provisions of this MOU or their application
to specific situations shall remain in full force and effect. The Parties agree to work in
good faith to amend this MOU to carry out its intent.
g. Survival. All provisions which by their nature must continue after the MOU expires or
is terminated shall survive the MOU and remain in full force and effect.
h. Notices. All notices, requests, and approvals must be sent in writing to the persons
below, which will be considered effective on the date of personal delivery; or the date
confirmed by the reputable overnight delivery service; or on the fifth calendar day after
deposit in the United States Mail, postage prepaid; or the next business day following
submission by electronic mail:
To the City of Cupertino:
Innovation Technology
10300 Torre Ave.
Cupertino, CA 95014
Attn: Bill Mitchell
Email: Billm@cupertino.org
To the Silicon Valley Clean Energy Authority:
333 W. El Camino Real, Suite 330
Sunnyvale, CA 94097
Attention: Kevin Armstrong
Contract Info: kevin.armstrong@svcleanenergy.org
IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which shall
become effective upon the date of the execution of the MOU by all parties.
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CITY OF CUPERTINO
By ________________________
Name _____________________
Title ______________________
Date_______________________
SILICON VALLEY CLEAN ENERGY
AUTHORITY
By ________________________
Name______________________
Title ______________________
Date_______________________
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
______________________________
KIRSTEN SQUARCIA DATE
City Clerk
Girish Balachandran
CEO
Oct 6, 2022
Christopher D. Jensen
Bill Mitchell
CTO
Oct 10, 2022
Oct 10, 2022
ATTACHMENT A
Scope of Services
Pre‐Production: Create Zoom event, provide link to SVCEA Staff,
create and update graphics for the televised event. Setup and
test components for the live broadcast of the SVCEA meeting.
(ie. Cameras, microphones, monitors, lights, tables, Zoom
Connectivity), Setup and test Community Hall kitchen with Owl
Video Conference Camera and laptop for SVCEA Closed Session.
Setup Live YouTube broadcast.
Production: Zoom Support for remote panelist, Record the
meeting on different devices, Direct live meeting, Chyron
(Character Generator) person to tag speakers throughout the
broadcast plus switch backup zoom support.
Postproduction: Strike and store equipment, Lock and Alarm
Community Hall; Trim SVCEA meeting for future broadcast,
Normalize Control Room.
Invoice Date:
Agency:City of Cupertino
Invoice #:
Date of Service:
Bill To:SVCE Please make payment to:City of Cupertino
333 W. El Camino Real Attn: IT Billing
Suite 330 10300 Torre Avenue
Sunnyvale, CA 94087 Cupertino, CA 95014
Attn: Chief Executive Officer
Please mail to:City of Cupertino
Attn: Min Zhao
10300 Torre Avenue
Cupertino, CA 95014
Description
Number of
Staff
Members
Number
of hours Hourly Rate Total Cost
Total Event Time
Pre-production $68.00 $0.00
Setup/Production/Strike $68.00 $0.00
Post-production $68.00 $0.00
TOTAL:0.0 $0.00
For questions regarding this request for invoice,
please contact:
IT Billing
(408) 777-3238
marilynp@cupertino.org
Description
Payment for services provided pursuant to the agreement between the City of Cupertino and Silicon Valley Clean
Energy Authority for video production services including pre-production, broadcasting/webcasting, and post-production
of the SVCEA meeting.
ATTACHMENT B
MOU between City of Cupertino and Silicon
Valley Clean Energy Authority for Video
Production Services
Final Audit Report 2022-10-10
Created:2022-10-03
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA07FFEWP0UYI-YFKJKBVs4BFHCBBgFpZr
"MOU between City of Cupertino and Silicon Valley Clean Energ
y Authority for Video Production Services" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-10-03 - 5:23:55 PM GMT- IP address: 35.229.54.2
Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval
2022-10-03 - 5:27:39 PM GMT
Document approved by Marilyn Pavlov (marilynp@cupertino.org)
Approval Date: 2022-10-03 - 5:28:42 PM GMT - Time Source: server- IP address: 69.181.110.140
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-10-03 - 5:28:44 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-10-03 - 9:45:00 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to girish@svcleanenergy.org for signature
2022-10-03 - 9:45:03 PM GMT
Email viewed by girish@svcleanenergy.org
2022-10-06 - 2:33:06 AM GMT- IP address: 13.57.238.31
Signer girish@svcleanenergy.org entered name at signing as Girish Balachandran
2022-10-07 - 2:17:27 AM GMT- IP address: 172.58.25.111
Document e-signed by Girish Balachandran (girish@svcleanenergy.org)
Signature Date: 2022-10-07 - 2:17:29 AM GMT - Time Source: server- IP address: 172.58.25.111
Document emailed to christopherj@cupertino.org for signature
2022-10-07 - 2:17:31 AM GMT
Email viewed by christopherj@cupertino.org
2022-10-07 - 2:24:18 AM GMT- IP address: 172.226.212.0
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2022-10-07 - 2:24:49 AM GMT- IP address: 174.194.141.108
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-10-07 - 2:24:50 AM GMT - Time Source: server- IP address: 174.194.141.108
Document emailed to Bill Mitchell (billm@cupertino.org) for signature
2022-10-07 - 2:24:52 AM GMT
Email viewed by Bill Mitchell (billm@cupertino.org)
2022-10-10 - 5:40:22 PM GMT- IP address: 104.47.74.126
Document e-signed by Bill Mitchell (billm@cupertino.org)
Signature Date: 2022-10-10 - 6:01:49 PM GMT - Time Source: server- IP address: 67.188.27.184
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-10-10 - 6:01:51 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2022-10-10 - 6:21:54 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-10-10 - 6:22:01 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2022-10-10 - 6:22:01 PM GMT